Siby Thomas vs Kerala State Electricity Board ...
2022 Latest Caselaw 4130 Ker

WP(C) No.8930/2022                       1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
             Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
                               WP(C) NO. 8930 OF 2022
   PETITIONER:

          SIBY THOMAS, AGED 55 YEARS, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL
          SUB DIVISION, KSEB LIMITED, VARAPUZHA, ERNAKULAM DISTRICT.

   RESPONDENT:

      1. KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY,
         (ADMINISTRATION), VYDYUTHI BHAVAN, PATTOM P.O.,
         THIRUVANANTHAPURAM-695004.
      2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED,
         VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
      3. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
         BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct respondents to pass consequential orders pursuant to
   Exhibit-P3 judgment,pending disposal of the writ petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S P.M.MOHAMMED SHIRAZ Advocates for the petitioner, and of
    SRI.K.S.ANIL Standing Counsel for the respondents, the court passed the
   following:
 WP(C) No.8930/2022                           2/4




                                      V.G. ARUN, J.
                      -------------------------------------------------
                             W.P. (C) No.8930 of 2022
                      -------------------------------------------------
                      Dated this the 7th day of April, 2022

                                       ORDER

The petitioner is seeking implementation of the

direction contained in Ext.P3 judgment by which this

Court directed the respondents to re-fix his benefits after

reducing the penalty imposed to the barring of one

increment permanently.

2. Learned counsel for the respondents submits

that the KSEBL is preferring an appeal against Ext.P3

judgment, rendered way back on 10.11.2016. Further, the

repeated requests submitted by the petitioner to give

effect to the direction also was left unheeded. The writ

petition was adjourned on the previous posting dates also

based on the submission of the learned Counsel for the

Board that an appeal is being preferred. Even as on

today, no appeal is seen filed.

Therefore, I find no reason to deny the benefit due WP(C) No.8930/2022 3/4

W.P.(C) No.8930 of 2022

under Ext.P3 judgment to the petitioner. Hence, there

shall be an interim direction to the respondents to re-fix

the petitioner's retirement benefits in accordance with

the direction in Ext.P3 within one month and to pay him

the consequential benefits immediately thereafter, which

of course, will be subject to the outcome of the writ

appeal if any filed by the KSEBL.

H/o.

Sd/-

                                                         V.G. ARUN
                                                           JUDGE
           bpr




07-04-2022                           /True Copy/                   Assistant Registrar
 WP(C) No.8930/2022                 4/4

                      APPENDIX OF WP(C) 8930/2022
Exhibit P3           TRUE PHOTOCOPY OF JUDGMENT DATED 10/11/2016 IN WPC

NO.35882/2010 OF HIGH COURT OF KERALA.